B v Secretary of State for the Home Department

B v Secretary of State for the Home Department

Permission to appeal is granted because the present case is at least as strong as, if not stronger than, the case in U v Secretary of State for the Home Department, and it would be a miscarriage of justice to refuse permission.

Parties
Claimant/appellant: B; Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
01 June 2006
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
permission to appeal granted
Legal Topics
Permission to Appeal, Family Life, Asylum and Immigration Tribunal Procedure
Immigration Law Permission to Appeal Family Life Asylum and Immigration Tribunal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

B

Claimant/appellant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether permission to appeal should be granted in light of the decision in U v Secretary of State for the Home Department
  2. 2 Whether the family life arguments in this case are stronger than in U

Ratio Decidendi

Permission to appeal is granted because the present case is at least as strong as, if not stronger than, the case in U v Secretary of State for the Home Department, and it would be a miscarriage of justice to refuse permission.

Court Disposition

permission to appeal granted

Orders

  • Permission to appeal granted.
  • Appellant may apply to amend the notice of appeal within two weeks of the decision in U v Secretary of State for the Home Department, subject to approval by the judge.